Bogus self-employment explained
by Diarmaid Mac a Bhaird

The Irish Congress of Trade Unions (ICTU) has released a policy-summarising factsheet on bogus self-employment as part of its continuing campaigning on the issue. The factsheet addresses the negative impact of deliberate misclassification of employees on workers, the state and society.


Bogus self-employment involves employers deliberately misclassifying workers as self-employed subcontractors to pay less, dodge their social insurance and pension contributions requirements, dodge benefits like sick leave, and avoid meeting basic employment law protections.


The factsheet also recommends actions to address the issue. It says workers should only be classified as self-employed if they meet agreed criteria, recommends making principal contractors liable for 10.95% employer PRSI payments for all sub-contractors.


Backdating all unpaid PRSI from employers who misclassified workers, using the WRC and the Labour Court as watchdogs, and strengthening Revenue’s powers to intervene on PRSI non-compliance are among ICTU’s other suggested actions.  


ICTU is also calling for legislation setting clear definitions for the terms ‘worker’ and ‘employee’ in order to clarify legal standing for those engaging in precarious work.


The factsheet is available to view HERE.

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